What is the visa requirements for Canadian Landed Immigrants to enter the USA
A1
Effective March 17, 2003, all landed immigrants in Canada seeking to enter the United States must possess a valid passport and a non-immigrant visa. (Posted on 03/13/03) [Index]
[Compiled by Law Offices of Rajiv S Khanna]
What documents must be submitted by Canadian Landed Immigrants when applying for non-immigrant visas at the US Consulate.
A2
The following documents must be submitted by Commonwealth landed immigrants :
Evidence of landed immigrant status;
Form DS-156 for each applicant;
Form DS-157 for all male applicant between the ages of 16 and 45;
Form DS-158 for all applicants for student visas (F, M or J);
Application fee in the amount $100;
Passport valid for travel to the US. The passport must be valid for at least 6 months;
Appropriate supporting documentation, such as proof of employment or studies, home ownership, or other commitments in Canada, and evidence of any prior travel to the US;
Applicants for student visas must submit Form I-20;
Applicants for exchange visitor visas must submit Form DS-2019;
Applicants for H and L visas must submit Form I-797 and the supporting I-129 petition.
What are the obvious options for a US work visa for
a Canadian Citizen?
A4
Usually three obvious options: L-1 (if they own their business or their employer is transferring them to its subsidiary, affiliate, etc.), H-1(if they qualify as a professional) and TN (if their profession is one of those stated in Schedule 2 of NAFTA).
If a trucking company in the United States employs drivers who are Canadian Citizens, who will be driving between Canada and the United States, will these drivers be allowed to drive interstate, and do they have to complete any forms for immigration purposes?
A8
A Canadian driver may drive interstate provided that the trailer is either the one that he/she entered with or is departing with. The driver will not be allowed to haul an empty trailer from one location to drop it off at another location.
Canadian Truck Drivers must meet the general entry requirements as a visitor for business. To qualify as a visitor for business, the driver must provide evidence that he/she :
Has a residence in a foreign country which he/she does not intend to abandon
Intends to depart the US at the end of the authorized period of stay.
Has adequate financial means to carry out the purpose of the visit to the US, and the departure from the US.
He/she is eligible to be admitted to the US.
Canadian Citizens do not need passports or visas to enter the US as visitors, but they are required to provide proof of Canadian citizenship.
I am in USA on H-1 visa from past 5 years and my visa on passport is expired in Feb 04. I also got the landing papers for PR in canada.
My questions are:
1. While crossing the border do I have to give my address in Canada to get the PR card or do I have to stay there?
2. If I am not planning to get a h1 visa there, can I come back on my new petition/I-94, even if visa on passport is expired? I heard about auto revalidation just want to confirm it.
A9
1. You can just give the address in Canada
2. You should be able to
1. I'm presently a Canadian Permanent Resident working in the US. However I will be relocating back to Canada to work towards my citizenship. Once I secure my Canadian citizenship do I have a better shot at my US GC?
2. Will I still need to be sponsored for a US GC (by a company, relative etc.) or can I apply on my own merit?
3. Is there any treaty between the US/Canada that will allow me to start/run my own business in the US?
A10
1. No.
2. Canadian citizens enjoy no special status for green card purposes.
As a Canadian citizen, I am exempted from getting an L1-B visa stamp on my passport. I can work based on my L1-B petition approval. So I do not have an L1-B visa stamp on my passport. In December, I plan to visit India and marry an Indian citizen. After the marriage, my wife plans to apply for an L2 visa and join in US. How does my Canadian citizenship and my exemption from the L1-B visa stamp impact my wife\'s L2 visa application?
A11
You should contact the consulate. The rules for her would be different. She should be able to get an L-2 stamp based upon your L-2 approval and proof of Canadian citizenship.
Can an individual employed under TN visa classification be on 1099?
A12
Yes. A TN status holder can be on 1099. A formal arrangement must exist to render professional service to an individual or an enterprise in the United States. The formal arrangement may be through an employee-employer relationship (i.e. on W-2 basis) or through a signed contract (i.e. on 1099) between the businessperson or the businessperson's employer and an individual or an enterprise in the United States.
